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Orissa High CourtBLAPL/10059/2021disposed off

Chandana Mandal v. State Of Odisha

2022-10-28Mr. Justice Gourishankar Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10059 of 2021 Smt. Chandana Mandal ....

Petitioner Mr. A.Mohanty, Advocate -versusState of Orissa ....

Opp. Party Mr. P.K.Patnaik, A.G.A.

CORAM:

JUSTICE GOURISHANKAR SATAPATHY Order No.

ORDER

13.01.2023 I.A. No.2220 of 2022 14.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This is an application for modification of bail conditions passed on 28.10.2022.

3.

In the course of hearing of Interlocutory Application, Mr.A.Mohanty, learned counsel for the petitioner by filing an affidavit stated to be sworn in by the husband of the petitioner namely, Sapan Debanath submits that at best, the petitioner can furnish a maximum cash surety of Rs.30,00,000/- (thirty lakhs) only for securing her release on bail. The affidavit so filed be kept on record. 4.

Mr.P.K.Patnaik, learned AGA however, opposes such prayer for modification of bail conditions of the petitioner, but he alternatively submits that the petitioner be asked to furnish equivalent amount of

// 2 // property surety of Rs.20,00,000/- (Twenty lakhs) only. 5.

Admittedly, the petitioner was granted bail on the condition of furnishing cash surety of Rs.50,00,000/- (fifty lakhs) only as per her statement and submission, but it is, however, found that till date, the petitioner is unable to furnish such cash surety for her release on bail. 6.

In view of the aforesaid facts and taking into account the submissions made by the petitioner and other factors into consideration, the condition for release of the petitioner is accordingly modified and ordered that the petitioner be released on bail on furnishing cash surety of Rs.30,00,000/- (thirty lakhs) only instead of Rs.50,00,000/- (fifty lakhs) only in addition to bail bonds of Rs.10,00,000/- (ten lakhs) each with two solvent sureties. The rest part of the order dated 28.10.2022 shall remain unaltered.

7.

The I.A. is accordingly disposed of.

8.

Urgent certified copy of the order be granted on proper application.

( G. Satapathy) Judge Kishore